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Pennsylvania Duties of the Guardian of an Incapacitated Person

State:
Pennsylvania
Control #:
PA-SKU-1154
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PDF
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Duties of the Guardian of an Incapacitated Person

The Pennsylvania Duties of the Guardian of an Incapacitated Person are divided into two categories: Guardian of the Person and Guardian of the Estate. Guardian of the Person: The Guardian of the Person is responsible for making decisions regarding the incapacitated person’s residence, medical care, education, and social activities. The Guardian must ensure that the incapacitated person’s basic needs are met, including clothing, food, shelter, and health care. Additionally, the Guardian must make decisions in the best interest of the incapacitated person and advocate for their rights. Guardian of the Estate: The Guardian of the Estate is responsible for managing the incapacitated person’s finances. This includes collecting, managing, and investing the incapacitated person’s funds, as well as filing taxes and paying bills. The Guardian must also make sure that the incapacitated person’s financial needs are met and that they are not taken advantage of. In both roles, the Guardian of an Incapacitated Person in Pennsylvania is required to keep detailed records of all financial transactions and must submit an annual accounting to the court. Additionally, the Guardian must take part in periodic review hearings to ensure that the incapacitated person is being properly cared for.

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FAQ

As guardian, you are responsible for providing for food, clothing, shelter, education, and all the medical and dental needs of the child. You must provide for the safety, protection, and physical and emotional growth of the child.

A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.

The duties of a guardian of the person include: (1) assertion of the rights and interests of the incapacitated person; (2) respect for the wishes and preferences of the incapacitated person to the greatest extent possible; (3) participation, where appropriate, in the development of a plan of supportive services to meet

In these situations, the court-appointed guardian will receive payment from the assets of the ward or from the government if the ward lacks sufficient assets to pay the guardian's fees. In some circumstances, there could potentially be a high cost involved for the ward.

"Incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.

When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf.

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Pennsylvania Duties of the Guardian of an Incapacitated Person